Berkeley

DUI Lawyer

If you were arrested for driving under the influence of alcohol, drugs, or medication in California, you could be facing potentially life-altering penalties. State prosecutors often take a firm stance when it comes to DUI offenses, so it is crucial to consult an accomplished defense attorney to assist you throughout the criminal process as soon as possible.

Do not face a DUI without a legal professional, especially when facing jail time and hefty fines. A well-versed Berkeley DUI lawyer understands the severity of an intoxicated driving charge and could help you build a strong defense against the prosecution. En Español

Legal Process for Intoxicated Driving Offenses

After being arrested for driving under the influence, the state will issue a citation or notice to appear in court that states the specific DUI charge, the location of the court, and the date to appear. Some of the common types of drunk driving-related charges include:

• California Vehicle Code § 23152(a): DUI involving drugs and/or alcohol level above 0.05 percent
• California Vehicle Code § 23152(b): DUI involving blood/breath alcohol above 0.08 percent
• California Vehicle Code § 23153(a): DUI causing injury or death to another
• California Vehicle Code § 23153(b): DUI above 0.08 percent causing injury or death to another
• DUI Refusals

The severity of a DUI charge, namely whether it is filed as a misdemeanor or felony, can significantly affect the amount of time a criminal case takes to resolve. Often, there are multiple court appearances before a disposition is reached. A disposition is the final resolution of a case. If the prosecution and the arrested individual do not come to a resolution, the case might proceed to a jury trial.

The outcome of an arrested individual’s case determines the potential jail sentence and other penalties, so it is important to understand the steps of the court process. A knowledgeable Berkeley DUI attorney could help fight for an accused’s best interests throughout the legal process.

Common Defenses to a Driving Under the Influence Charge

All DUI cases are not the same, so it is crucial to understand the defense strategies available in a specific case. Therefore, obtaining a skilled Berkeley lawyer is important when facing a drunk driving charge so that an effective defense strategy can be tailored to the unique circumstances of the accused individual’s case. Some of the common aspects of DUI defense strategies that are often examined include:

• Lack of probable cause for a vehicle stop and arrest. In other words, the officer had to have a legitimate reason to pull you over.  Generally, it is some mistake the driver made like swerving, etc.
• Whether the police officer complied with state law during the investigation and collection of evidence both at the side of the road and in the police station.
• Whether the breath instrument was correctly maintained and calibrated, including the log of such maintenance and calibration
• Lack of chain of custody for blood tests or other tests
• Dashcams and body cams showing illegalities in the case

Fighting a DUI charge requires diligent investigation and attention to detail to hold the state to the correct legal standards. A legal professional could help in many ways, including having the blood independently tested, assessing the evidence against the accused, and thoroughly reviewing the investigative reports. A seasoned DUI lawyer in Berkeley could help identify the weaknesses in the state’s case.

Contact a Berkeley DUI Attorney for Help

If you are facing a driving under the influence charge, an experienced DUI attorney could help protect your legal rights and effectively fight the charge, no matter how many prior DUI offenses you have faced. An experienced Berkeley DUI lawyer understands the stress of the possible outcomes a criminal charge could cause due to the potential jail time and financial ramifications. With so much at stake, you should seek the help of a legal professional to fight for you throughout the legal process. Schedule a case consultation today.